PHOENIX -- Lynyrd Skynyrd's song "Simple Man" symbolizes the special bond Brian Terry had with his mom, Josie. After all, it's a song about a mother telling her son how to grow up to be a man. Unfortunately, Brian only lived to be 40.

Pat McGroder is representing the Terry family in a $25 million wrongful death lawsuit.

"They're not doing well," McGroder said. "They've lost their son and they don't have a reasonable explanation as to why he died the way he did."

In December 2010, the U.S. border agent was murdered during a gun battle with illegal immigrants in Southern Arizona.

Since then, the Terrys have been catapulted into the national spotlight after it was revealed ATF weapons ended up at the scene of Brian's murder. In turn, the Fast and Furious scandal erupted.

"The idea that he was killed by the very guns that 10 months before were sitting in a Phoenix gun shop is repulsive," McGroder said.

It's no surprise the revelations have put the Terrys on an emotional rolle rcoaster as McGroder points out, "I'm not sure they know who to be angry with."

As they wait for answers, they're trying to heal. Part of that process involves creating the Brian Terry Foundation.

"I think the Terry family is excited that the foundation can serve as a vehicle to help other Border Patrol agents and their families if the need arises," McGroder said.

It's a foundation similar to Pat Tillman's.

"Besides us learning from these tragic deaths is that we vow never to repeat governmental policies and procedures that lead to deaths of American heroes like Pat Tillman and Brian Terry," McGroder said.

The Brian Terry Foundation website, www.honorbrianterry.com, is collecting donations to raise funds for the families of slain Border Patrol agents, to raise public awareness of the flawed Fast and Furious investigation, and to establish educational scholarships. The Terry family wants to make certain that any mistakes made by the Justice Department during the investigation are never repeated.